BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              UNFINISHED BUSINESS


          Bill No:  SB 76
          Author:   Senate Public Safety Committee 
          Amended:  8/20/10
          Vote:     27 - Urgency

           
           PRIOR SENATE VOTES NOT RELEVANT

          ASSEMBLY FLOOR  :  75-1, 8/23/10 - See last page for vote


           SUBJECT  :    Inmates:  incentive credits

           SOURCE  :     Chief Probation Officers of California
                      California State Sheriffs Association


           DIGEST  :     Assembly Amendments  delete the prior version of  
          the bill relating to the Budget Act of 2009.  This bill now  
          reduces good-time/work-time credits from one-half to  
          one-third for persons convicted of misdemeanors while  
          confined in a county jail.  

          This bill is very similar to SB 1487 (Senate Public Safety  
          Committee) which was held under submission this year in the  
          Senate Appropriations Committee.

           ANALYSIS  :    Existing law provides time credit for work  
          performance and good behavior to prisoners confined to a  
          county jail, industrial farm, or road camp, or any city  
          jail, industrial farm, or road camp.  Specifically, except  
          regarding certain prisoners who are limited to 15 percent  
          credit against sentenced time, existing law provides that a  
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          term of four days will be deemed to have been served for  
          every two days spent in actual custody in one of these  
          facilities, except that a term of six days will be deemed  
          to have been served for every four days in actual custody  
          for prisoners required to register as sex offenders,  
          prisoners committed for a serious felony, or prisoners with  
          a prior conviction for a serious or violent felony.

          This bill instead provides that prisoners sentenced to  
          state prison for whom the sentence is executed, except for  
          those required to register as sex offenders, committed for  
          a serious felony, or with a previous conviction for a  
          serious or violent felony, who are confined in a city or  
          county jail, industrial farm, or road camp, from the date  
          of arrest until state prison credits are applicable, shall  
          have one day deducted from his/her period of confinement  
          for every day the prisoner served in a city or county jail,  
          industrial farm, or road camp.  This bill provides that a  
          prisoner sentenced to state prison who is confined in a  
          city or county jail, industrial farm, or road camp may not  
          receive the day-for-day credit if it appears by the record  
          that the prisoner refused to satisfactorily perform labor  
          or failed to satisfactorily comply with rules and  
          regulations, as specified.  This bill provides that, for  
          prisoners otherwise in a county jail, industrial farm, or  
          road camp, or any city jail, industrial farm, or road camp  
          for a crime committed on or after the effective date of  
          this bill, except those subject to the 15 percent  
          limitation on credits noted above, a term of six days will  
          be deemed to have been served for every four days spent in  
          actual custody.  Because this bill changes the punishment  
          for crimes, it imposes a state-mandated local program.

           Comments  

          According to the author:

            "This bill restores the jail inmate credits that existed  
            before the enactment of the prison reform bill passed  
            last year. 

            "Incidental to one of the prison reforms in SBx3 18 from  
            last year - credits for prison inmates - were changes to  
            credits for jail inmates.  For many years, county jail  

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            inmates could earn enough credits to reduce their jail  
            sentence by up to one-third. SB 18x increased these jail  
            credits to make them consistent with the credit rules for  
            state prison inmates. 

            "After SBx3 18 went into effect, we learned that its jail  
            credit changes would have the unintended effect of  
            undercutting the community corrections effort launched by  
            a bill I co-authored last year with our former colleague,  
            Senator Benoit, SB 678. 

            "Part of that community corrections model involves judges  
            using county jail time as an intermediate sanction short  
            of prison.  By reducing available jail time, judges could  
            be faced with an inadequate custodial alternative to  
            state prison.  The last thing we want to do is fast-track  
            offenders out of community corrections into prison. 

            "This bill addresses this concern by restoring the  
            credits available for jail inmates under the law prior to  
            the enactment of SBx3 18.  This bill does not affect the  
            prison inmate credit reforms enacted by SBx3 18." 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Assembly Appropriations Committee  
             analysis: 

          1. Moderate annual General Fund (GF) costs, potentially in  
             excess of several hundred thousand dollars, to the  
             extent: 

             A.    Increasing county jail overcrowding increases the  
                need for new jail construction and the attendant  
                costs of bond debt.  For example, there is  
                approximately $600 million remaining in the AB 900  
                (Solorio), Chapter 7, Statutes of 2007, authority for  
                county jail construction.  To the extent this  
                authority is used, there will be state GF costs to  
                pay off the bond.  For example, at approximately  
                $115,000 per bed, the cost of paying off 1,000  
                additional new jail bed would be approximately $230  
                million or $7.5 million per year.

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             B.    This bill reduces state/local options by adding to  
                the existing county jail overcrowding, which makes it  
                more difficult to divert lower security state  
                offenders to the local level.  For example, the  
                Governor estimated his proposal to establish a local  
                block grant to help offset the costs of transferring  
                approximately 11,000 state inmates (average daily  
                population) with less than three years to serve to  
                local control would save approximately $244 million.   
                Increasing the local jail population does not make  
                such restructuring easier. 

          2. Moderate non-reimbursable local incarceration costs,  
             potentially in the low millions of dollars to the extent  
             county jail inmates serve additional time as a result of  
             reduced credits.  Every additional 100 months served  
             costs approximately $240,000.  Because of overcrowding,  
             thousands of county inmates are released early so the  
             impact of reducing credits is not as severe as it would  
             be otherwise. 

           SUPPORT  :   (Verified  8/23/10)

          Chief Probation Officers of California (co-source)
          California State Sheriffs' Association (co-source)


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Anderson, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Gaines, Galgiani, Garrick, Gatto, Gilmore,  
            Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,  
            Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Miller, Monning, Nestande,  
            Niello, Nielsen, Norby, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,  
            Audra Strickland, Swanson, Torlakson, Torres, Torrico,  
            Tran, Villines, Yamada, John A. Perez
          NOES:  Ammiano
          NO VOTE RECORDED:  Furutani, Nava, Vacancy, Vacancy

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          RJG:mw  8/24/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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